Channel 4 reports: “Bright children from middle and working class families are missing out on professional jobs because of continuing “elitism”, a government-commissioned report warns. The report, by a cross-party panel chaired by former cabinet minister Alan Milburn, calls for urgent action to break “closed shop mentality” which, it says, still characterises the professions in Britain.”
This is a tired old theme, but one worth looking at less emotively than through the rather mundane rhetoric of a politician possibly trying to please rank and file and constituents in the run up to an election.
I remember reading Professor JAG Griffith’s book The Politics of The Judiciary when I was at law school in the early to mid 1970s. I can’t imagine that he has had to do much updating to the statistics on Oxbridge and public school educated members of the Judiciary, Bar or the leading City and Commercial firms and, indeed, Milburn states that “Currently 75 per cent of judges and 45 per cent of senior civil servants were independently educated”
I am not sure that ‘Class’ comes into it in quite the same way it may once have done. The legal profession has never been of great interest to the aristocracy and landed families – the Church, Army, the Arts and State tend to get second sons and daughters from that relatively small world in terms of numbers. But there can be little doubt, still, that it is easier for the children of middle and professional class families to get into the leading sets or law firms simply because private money can pay for good private education and there is a high chance many of these privately educated middle / professional class children will get into Oxbridge and Russell Group universities and have a better chance at the top sets and firms.
The professional demographic is changing. Labour and Conservative governments have widened access to education and business opportunity – and nothing is to be served by making hackneyed party political points.
History is a wonderful thing but it can obscure what is beginning to happen now and I, for one, prefer to concentrate on the official efforts being made by both The Law Society and The Bar Council to achieve diversity. Lord Neuberger reported. The Law Society and Bar Council are encouraging wider entry to the profession – but whatever their aspirations and efforts – the professional bodies cannot do it all. It is down to money and information. It is down to the firms and sets trying to inform, trying to help through sponsorship and scholarships and this they are doing. It is down to the firms to recruit from a wider base (provided the quality is there) and providing information to show that the law is not an elitist profession, that it is open to talented people from all walks of life.
It is also, frankly, down to the law schools to raise their game and provide as high a quality of education as the leading universities and down to recruiters to look more closely at that quality instead of being mesmerised by the words Oxford, Cambridge, London, Durham et al.
It is easy for politicians to make statements which they can then forget as they move on to the next hot cliche, but I believe that we have already seen marked change in the last twenty years and the next ten will see yet more change as the legal world changes, as new opportunity arises, and a new legal demographic develops.
It takes time for change to happen but the cartoon image of upper middle class barristers portrayed in my caption pic is not typical at all of those I meet from the Bar, the law firms or the professional bodies - and it irritates me, and I suspect many, when government ministers bandy about outmoded cliches about class and Oxbridge. The legal profession should be run on lines of excellence, for that will ensure quality and competition. Excellence and elitism of quality of career should, however, be open to all – and that, I’m afraid, is still down to opportunity, information and money – and for the present, the middle and professional classes dominate in terms of opportunity because they have the money to privately educate, tutor and have the connections to get advice and guidance from members of both sides of the profession. Jobs for the boys and girls is a thing of the past, surely? – but it may well still be true that birds of a feather flock together when it comes down to candidates wwith equal CVs.
As always.. your thoughts would be most useful. What would you advise if we are to ensure that we are not percieved as an elitist profession in terms of entry. Elitism in terms of quality of service is an aspiration most would not quarrel with. That is competition and only a fool would go to the worst lawyer for advice is better advice is available at a reasonable price…as in all walks of life.
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I have seen subtle prejudice here on people’s accents and on whether they’re ‘top drawer’ or not.
James… I suspect there are still some…
For my part… I couldn’t give a monkey’s where people come from or what they do… I ask only that they are humane!
It’s all bollox, m’lud. And what is so wrong with being elite ? Elsewhere, being elite is something of which to be proud. The SAS is said to be an elite fighting army but, yet, no one bleats about the unfairness that fat wheezy boys aren’t allowed in.
Legal practice is a private enterprise and why shouldn’t the law firms or bar pick the the best educated candidates. It is not the function of the legal profession to engineer social change at the behest of the politicos. If there is commercial merit in recruiting disadvantaged or lesser educated candidates, it will happen and, if not, it will not happen. The only problem with the current agenda is the inherent dishonesty of the professions who trot out their diversity nonsense but then do nothing to put it into practice. No service is better than lip service.
To my mind, it comes back to the same old, same old, issue. Grammer skools, like the one I went at, innit.
Barboy
I think we agree… I have no problem at all with elitism in terms of quality….. we are doomed without it. I merely advocate a wider perspective and recruitment base… the legal profession is (and has been doing this for some time)
I doubt that Milburn has even looked at Law Society / Bar Council initiatives. And law at a high level isn’t just about City firms… of course… nor the ‘top’ commercial sets…
Friends of mine at the Bar groan when they see stories like the one on Channel 4… it just isn’t a reflection of reality across the whole spectrum and range of the legal profession… and that is why it grates!
I am believer in opportunity… I am not believer in sports days where no-one loses. Quality is all… otherwise it won’t work…and I certainly don’t want to be operated on by a surgeon who doesn’t know what he or she is doing… that is reality!
It is not, of course, as wonderfully simplistic as Milburn suggest. he isn’t alone…. Tories can come up with world class crap as well… and do fairly regularly…
Fortunately… there is an elite group of skeptics called voters who can see through the ‘merde’…. it fools no-one.
I shall, of course, continue to vote Labour… I may be a rare breed… and, for the record… I could not give a damn which school or university any professional went to… what I want to know if I seek their advice is how good they are TODAY… seems fair?
BarBoy… the last thing we want to do is employ lesser educated people… what we need to do is see if we can get more people into the gene pool and create even more competition….
Just a thought.
It is very largely about money.. money at every stage. I was lucky, and just sufficiently foolish (scholarships at school, last year to get a decent university grant, scholarship from my Inn and the foolishness and middle class willingness to borrow a large amount of money from the bank.)
It is 12 years since a barrister leading a labour government full of lawyers told us that his priorities were education blah blah blah. I have little interest in being told what the problems are by Alan Milburn now.
PS Charon, did you hear the barristers thing on Radio 4 this morning? Outer Temple Chambers, focussing on the challenges of the LSA blah.
Oh, and one other thing. It is foolishness to pretend we don’t have a small group of elite universities in this country, and the only way you can change that is to destroy them. You cannot make every university in this country equal without levelling towards the lowest common denominator. The more constructive approach is to focus on ensuring that they are truly elite.
I have worked as an outdoor clerk for the princely sum of £10,500 this year. I finished my degree last year and took a year out to improve my CV before I went on to bar school, knowing how difficult it is to obtain pupillage and having no real connections to speak of. I also wanted to make sure that I was making the right decision in what I wanted to do, bearing in mind I am about to spend a huge sum on a horse you really wouldn’t bet on if it was running in a race (25% chance of a win. Would you put £15,000 on it?!).
I want to go to the bar and I’m glad I’ve taken a year out to make sure. I feel ready to commit to it now and more importantly think I have a better idea of what exactly I’m committing myself too. However, if my parents hadn’t let me live at home rent free for a year I really wouldn’t have been able to afford myself the luxury of earning only a minimum wage for 12 months straight after racking up university debt. And I could only afford to work for £10,500 p.a. because they could afford to let me.
I can’t believe with all the competition for training contracts and pupillages that already exists the government think it appropriate to try and force more through the bottleneck that is becoming a qualified lawyer.
It’s quite possible that I will finish the BVC, fail to find pupillage for a few years, take on a never ending series of poorly paid jobs just because they look great on my CV and I’m afraid to take on a non-law job that would pay proper money because it smacks of a lack of dedication to the cause, and be poor for a long time yet. I need sympathetic parents with pockets of a modest depth to allow me to even embark upon this stupid path.
This whole thing is about money. Crazy money.
Liadnan.. Thanks…
I have been in education for 30 years… there is still a lot of room for improvement in the university sector..
I agree – no point in avoiding the reality that some universities are better than others.
I spoke at a conference years ago and suggested we close 25% of the law schools and give the money to better universities… you can imagine how that went down…
There are some superb law schools in the public sector (and not just ‘old’ universities) – they do good programmes but don’t get the recognition from recruiters who, frankly, can be lazy and stick with what ‘they’ know. there is also far too much computerised ‘point scoring’…. IT can be a very dangerous thing, I’m afraid.
Universities should compete… all I sugggest is that recruiters look further afield (as many are now doing) and the rainmakers for universities put their stalls out.. a bit more clearly.
Vocational programmes like the LPC/;BVC have seen the searing heat of competition… and standards have improved to a much higher level than 15 or so years ago… of that there is no doubt… at the BPP/College of Law level. They are, in terms of selection of students, I suspect – largely irrelevant due, partly to lack of interest and respect for the vocational LPC/BVC as a measure of ability and also, with wonderfuil irony, because the LPC/BVC providers all do a pretty good job with what threy have to work within in terms of syllabus etc. This is not always recognised — but BSB and SRA do hold the cards on that issue. The good Vocational law schools could do more if they were allowed to. I have always felt this. I may be wrong – but I don’t think I am far off the mark in my analysis on that one.
Now… let’s see the same for the university sector – and take the blinkers off…?
Charlotte… thank you for commenting… and you are right – it is a big investment.
Both the solicitors and barristers side of the profession is highly competitive – the more so in these credit-crunched times. It has always been a competitive profession – and that is good for the profession. Students entering the profession these days are well aware of the risks, the liability and I am an optimist – I believe there are interesting times ahead — and opportunities
Listen to my podcast (if you haven’t) with Des Hudson CEO of the Law Society – which I did for the College of Law – it is on CofL website and also on my Insite Law mag. It is not all doom and gloom, by any means.
Listen also to the podcast I did with Nick Jarrett-kerr – a law firm management guru and former managing partner of a large regional firm. he is reasonably optimistic about the future and investment by firms in the the younger side of the profession Also on my online mag Insite
I’d welcome your views on what he says… you are, after all, closer to life at the entry stage than we are.
” …… the last thing we want to do is employ lesser educated people… what we need to do is see if we can get more people into the gene pool and create even more competition….”
But was this not what the advent of the grammar school achieved ? For anyone, such as myself, who was put through a brutally academic g/s and sailed, both unquestioningly and with a thumping great LEA grant, into a top uni as a consequence, I will happily admit to both gratitude and bias.
It pisses me off when the politicos, who belong to the same generations of the less well off who were given the opportunity to compete on merit with the posh kids come age 18, then dismiss the merits of selective state schooling. Chief among these hypocrites is Thatcher.
BarBoy… I don’t think we disagree with each other…. equality of opportunity is the key so that all have a chance. Dropping standards to achieve this would be a disaster and I do not think that anyone is advocating this – but, there again, what of the inflation of degree awards in universities in recent years?
I doubt if the public care two hoots about who wears
the wigs.There is no shortage of brain power outside the UK, so why not encourage more foreign applicants.
Barboy, oiks rule OK.
Thatcher wasn’t so bad in retrospect (not that I would want to be stuck in a lift with her).Blair, BoJo and Cameron are the real enemy.
‘thatcher wasn’t so bad in retrospect’
but james, she was fucking murder at the time. and barboy (from what i remember) was one of those who was there. (you may also have been for all i know)
‘what did you do in the great class war, daddy?’
i wouldn’t want to have been stuck in a lift with her in the 80s because i wouldn’t have had the balls to do the necessary thing, sad lily-livered pacifist that i am.
SW,
We will have to disagree on this-I didn’t like her at the time, but I think she was vastly superior to Fettes boy and the two Etonians.
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